Certain countries had passed legislations to allow for active euthanasia or doctor assisted suicide. The police did not take into account that she was sodomized. Supreme Court of India. On the evening of 27th November, she was attacked by a sweeper in the hospital who wrapped a dog chain around her neck and yanked her back with it. Twitchell Mordechai Dov Brody Lantz v.
The court passed a historic judgement in March allowing Passive Euthanasia with guidelines. Sohanlal said he only learned of Shanbaug’s death after Mumbai based journalist Dnyanesh Chavan from Marathi daily Sakal came looking for him earlier that week. It is alleged that due to strangulation by the dog chain the supply of oxygen to the brain stopped and the brain got damaged. While there is no legal difficulty in case of the former, the latter poses several problems. Sohanlal was caught and convicted for assault and robbery, and he served two concurrent seven-year sentences.
However, Aruna Shanbaug was denied cae as the court opined that the matter was not fit for the same. The need to change euthanasia laws was triggered by the famous Aruna Shanbaug case. In Novembershe was assaulted by ward boy, Sohanlal Bhartha Valmiki, of the same hospital while changing her clothes in the hospital basement. We do not mean to decry or disparage what Ms. This was reduced to six years because he had already served a year in lock up.
Aruna Ramchandra Shanbaug v. Union Of India: Case Analysis
Ina two judge bench of the Supreme Court discussed about passive euthanasia in the case of Aruna Shanbaug. On the evening of 27th November, she was attacked by a sweeper in the hospital who wrapped a dog chain around her neck and yanked her back with it. Here is how the Counting of Votes takes place May 20, 1. The mere legalisation of euthanasia could lead to a wide spread misuse of the provision and thus, the court looked at various jurisprudences to evolve with the safeguards.
She died the morning of 18 May The court referred the issue to a larger Constitution Bench for resolution, writing:. Valmiki walked out of jail in and still claims he did not rape Shanbaug.
Laws relating to euthanasia in different jurisdictions were considered.
In the case of State of Maharashtra v. Will be displayed Will not be displayed Will be displayed.
Archived from the original on 11 March Shanbaug became a symbol for many things—the rape survivor who lived on, the recipient of caregiving of the hospital nurses and doctors, the lightning rod around whom the issue of passive euthanasia was fought and won.
Following the attack, nurses in Mumbai went on strike demanding improved conditions for Shanbaug and better working conditions for themselves. The court deleted into a scenario where the patient was incapable of giving consent and specified who could approach the Court on his behalf.
Aruna Shanbaug – The Woman who triggered the Euthanasia Debate in India
Pinki Virani’s lawyer, Shubhangi Tulli, decided not to file an appeal, saying “the two-judge ruling was final till the SC decided to constitute a larger bench to re-examine the issue. To see your saved stories, click on link hightlighted in bold. Find this comment offensive? The Judgment is a master piece to understand the various facets of this controversial issue and also to understand the medical terminology associated with such patients.
This was decided by beneficence. Retrieved 22 January She is calm when there are fewer people around her.
The top court in had recognised passive euthanasia in Aruna Shanbaug case by which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision. Further, the right to take decision on her behalf vested with the management and staff of KEM Hospital and not Pinki Virani.
He choked her with a dog chain and sodomized her. A further categorization of euthanasia is between voluntary euthanasia and non-voluntary euthanasia.
Retrieved 27 May Archived from the original on 10 January It is also to be noted that the court accepted this petition under article 32 of the Indian Constitution.
Aruna Shanbaug – The Woman who triggered the debate on Euthanasia in India
She prayed that the KEM hospital authorities be directed to stop feeding Aruna, and let her die peacefully. She could not move her hands or legs, could not talk or perform the basic functions of a human being.
She only keeps aging like any of us, does not create any problems for us.